Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Auckland TC – 30 April 2010 – R 2

ID: JCA19442

Hearing Type:
Old Hearing

Rules:
869(4)

Hearing Type (Code):
harness-racing

Meet Title:
Auckland TC - 30 April 2010

Meet Chair:
tom

Meet Committee Member 1:
tom

Meet Committee Member 2:
tom

Race Date:
2010/04/30

Race Number:
R 2

Decision: --

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr J Muirhead

--

Defendant:  Mr D Alexander

--

Information No:  68602

--

Meeting:  Auckland Trotting Club

--

Date:  30 April 2010

--

Venue:  Alexandra Park Raceway

--

Race:  2

--

Rule No:  869(4)

--

Judicial Committee:  Mr B Rowe, Chairman – B Scott, Committee Member 

--

Plea:  Admitted

--

 

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr D. Alexander driver of PHOEBE GLADIATOR  alleging a breach of the above rule in that he drove in a manner causing interference to his own horse and LASVEGASHEREWECOME driven by Mr M. McKendry with about 900m to run by virtue of PHOEBE GLADIATOR striking the sulky wheel of LASVEGASHEREWECOME, the tyre on the sulky wheel being punctured and dislodged. 

--

 

--

Mr Alexander admitted the breach and was present at the hearing. 

--

 

--

Mr Muirhead showed the video film of the incident.  He said PHOEBE GLADIATOR had drifted inwards and got too close to LASVEGASHEREWECOME which it was trailing at the time.  He said the chances of LASVEGASHEREWECOME were severely affected. 

--

 

--

Mr Alexander said his horse was travelling keenly, turned its head and ducked inwards. 

--

 

--

Penalty:

--

Mr Muirhead said the recommended starting point was a fine of $400.00 and/or two weeks suspension, Mr Alexander had no breaches of the Rules against him in the last 12 months and emphasised that the chances of LASVEGASHEREWECOME were severely affected.  He also said the offending was mid-point on the scale of seriousness and that this was a premier night’s racing. 

--

 

--

Mr Alexander said he would prefer a suspension to a fine.  He said he had only recommenced driving in the last six weeks and that he could only remember having one previous charge against him in about 40 years of driving. 

--

 

--

In fixing penalty the committee takes into account the guilty plea, the submissions of Mr Muirhead and Mr Alexander, the excellent driving record of Mr Alexander, the offending was about mid-point on the scale of seriousness, the recommended starting point and the stake payable for the race – this was a premier night’s racing – Rule 1114 (2) (b) refers. 

--

 

--

Balancing all of those matters and with emphasis on Mr Alexander’s good driving record, the chances of LASVEGASHEREWECOME being severely affected and the stake payable, a fine of $350.00 is imposed. 

--

 

--

 

--

B Rowe                        B Scott

--

CHAIR                        Committee Member

--

68602

--

 

--

 

--

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 5751d66acba4d49684c2c948fe315368


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 30/04/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland TC - 30 April 2010 - R 2


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

RACEDAY JUDICIAL COMMITTEE DECISION

--

Informant:  Mr J Muirhead

--

Defendant:  Mr D Alexander

--

Information No:  68602

--

Meeting:  Auckland Trotting Club

--

Date:  30 April 2010

--

Venue:  Alexandra Park Raceway

--

Race:  2

--

Rule No:  869(4)

--

Judicial Committee:  Mr B Rowe, Chairman – B Scott, Committee Member 

--

Plea:  Admitted

--

 

--

This is an information filed by Stipendiary Steward Mr J. Muirhead against Mr D. Alexander driver of PHOEBE GLADIATOR  alleging a breach of the above rule in that he drove in a manner causing interference to his own horse and LASVEGASHEREWECOME driven by Mr M. McKendry with about 900m to run by virtue of PHOEBE GLADIATOR striking the sulky wheel of LASVEGASHEREWECOME, the tyre on the sulky wheel being punctured and dislodged. 

--

 

--

Mr Alexander admitted the breach and was present at the hearing. 

--

 

--

Mr Muirhead showed the video film of the incident.  He said PHOEBE GLADIATOR had drifted inwards and got too close to LASVEGASHEREWECOME which it was trailing at the time.  He said the chances of LASVEGASHEREWECOME were severely affected. 

--

 

--

Mr Alexander said his horse was travelling keenly, turned its head and ducked inwards. 

--

 

--

Penalty:

--

Mr Muirhead said the recommended starting point was a fine of $400.00 and/or two weeks suspension, Mr Alexander had no breaches of the Rules against him in the last 12 months and emphasised that the chances of LASVEGASHEREWECOME were severely affected.  He also said the offending was mid-point on the scale of seriousness and that this was a premier night’s racing. 

--

 

--

Mr Alexander said he would prefer a suspension to a fine.  He said he had only recommenced driving in the last six weeks and that he could only remember having one previous charge against him in about 40 years of driving. 

--

 

--

In fixing penalty the committee takes into account the guilty plea, the submissions of Mr Muirhead and Mr Alexander, the excellent driving record of Mr Alexander, the offending was about mid-point on the scale of seriousness, the recommended starting point and the stake payable for the race – this was a premier night’s racing – Rule 1114 (2) (b) refers. 

--

 

--

Balancing all of those matters and with emphasis on Mr Alexander’s good driving record, the chances of LASVEGASHEREWECOME being severely affected and the stake payable, a fine of $350.00 is imposed. 

--

 

--

 

--

B Rowe                        B Scott

--

CHAIR                        Committee Member

--

68602

--

 

--

 

--

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869(4)


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2f73c0c283ff02de7b6ce224aff0eab2


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c6986c8d2441238bcba3214213e15898


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/04/2010


meet_title: Auckland TC - 30 April 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: tom


meet_pm1: tom


meet_pm2: tom


name: Auckland TC